$5.5 million in a brain damaged baby case

We settled a birth injury case for $5.5 million prior to a trial. The infant suffered brain damage caused by hypoxic ischemic encephalopathy when the doctor failed to timely diagnose fetal distress and terminate the vaginal labor in a timely fashion, rather than to order a Cesarean Section delivery.

Slip, Trip and Fall

Steven Schwartzapfel of Schwartzapfel Lawyers Video, Personal Injury Attorneys in New York

Slip, Trip and Fall

New York City Slip, Trip, and Fall Lawyers

Slip and fall or trip and fall incidents are an all-too-common phenomenon in New York, and their results can be catastrophic. No one thinks about walking to work in the morning and ending up with a traumatic brain injury from tripping over some cracked concrete, but it happens everyday. Depending on the location of your fall and the injuries you receive, a slip and fall claim could become quite complex.

If you or someone you know has been injured in a slip, trip, and fall accident, the New York slip and fall attorneys at Schwartzapfel Lawyers P.C. can help you sort through the details of your legal claim.

What Is a Slip, Trip, and Fall Accident?

Slip, trip, and fall accidents can be caused by any number of factors, many of which are highly preventable. These can include:

  • Broken sidewalks
  • Snow or ice
  • Poor lighting
  • Cracked or damaged steps or potholes
  • Puddles of fluid on the ground
  • Loose mats or rugs

Essentially, any type of uneven or slippery walking surface can spell trouble for pedestrians, whether on the streets, at work, or in restaurants and retail establishments. These types of incidents are often the responsibility of the property owner or municipality that failed to fix the dangerous or defective condition.

What Are Your Rights After A Slip And Fall Accident?

Property owners have a duty to ensure that their properties are free from dangerous conditions that might cause injury. Failure to fulfill this duty can lead to liability in personal injury cases. Depending on the circumstances leading up to your fall, you may be able to file a claim against the responsible party. If you fell on private property, such as a home or business establishment, the responsible party may include:

  • Landlord
  • Property owner
  • Insurance company
  • Business owner
  • Employer
  • General contractor

If you fell on government-owned property in the state of New York, you can pursue damage claims against the responsible municipal party, which may be a city, town, county, or even the state.

It’s important to note that if you are injured on government property or a municipality may otherwise be implicated, your case is governed by strict filing requirements that make suing a municipality more difficult than suing a private citizen, business, or corporation. The statute of limitations is usually shorter, and prior written notice of the specific condition is generally required.

Regardless of who you think may be responsible for your injuries, time is of critical importance. That is why it is imperative to speak with a reputable New York personal injury attorney as soon as possible after your injury. Any delay may reduce or eliminate any chance of recovery.

What Kind of Damages May I Be Eligible to Recover?

New York personal injury law provides for specific types of damages for slip, trip, and fall accidents. These damages can include compensation for:

  • Past and future pain and suffering
  • Past and future medical expenses
  • Lost wages
  • Lost income
  • Loss of annuity
  • Loss of pension
  • Loss of Social Security income
  • Loss of healthcare benefits
  • Loss in the value of household services
  • Loss of consortium – such as spousal relationships that have been negatively impacted by the injury

Because New York is a pure comparative negligence state, if you did something that contributed to your injury, it is possible that any compensation you get may be reduced based on the part you played in the injury.

Why Do I Need to Talk to an Attorney ASAP?

The sooner you talk to an experienced New York slip, trip, and fall personal injury attorney, the better. It increases the chances of obtaining statements from the responsible parties before they speak with their insurance company or their lawyer. A quick response will ensure that the accident can be thoroughly investigated, witnesses can be located, and photographs can be taken. Often, those at fault try to quickly fix the problem after you have been injured and before a photo was taken. Protect yourself and call now.

Who Can Help Me?

The experienced New York personal injury attorneys at Schwartzapfel Lawyers P.C. have handled thousands of cases in the New York area and have a thorough understanding of the laws, rules, and regulations governing slip or trip and fall accidents. We have the resources required to investigate the circumstances of your accident.

Our experience and background puts us in the best position to maximize your likelihood of success and recovery. If you have been involved in a slip/trip and fall accident and sustained serious injuries, call us. Many of our attorneys come to us from the insurance industry and the city. As such, we are familiar with the defendant’s strategy, tactics, and techniques, and we know how best to combat them. We have helped thousands of clients, involving all types of legal matters, get the money they deserve. The New York personal injury lawyers of Schwartzapfel Lawyers, P.C. can help. Contact us today at 1-855-998-2330 or fill out our online contact form for a free case evaluation. We will fight for you!

Super Lawyers
Wall Street Journal
The New York Times
Newsday
Million dollar Advocates
New York Magazine
The Nationl Trial Lawyers
New York Law Journal